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Martinsburg man convicted in July 4th shootings

MARTINSBURG, W.Va. -- A Martinsburg man has been convicted in the shooting of a child and another man during a Fourth of July celebration.

The Journal ( reports jurors in Berkeley County Circuit Court deliberated for about 45 minutes Thursday before finding 29-year-old Daniel L. Herbert guilty on all counts.

Herbert was charged with attempted murder, malicious assault, wanton endangerment and fleeing from police.

Prosecutors say Herbert shot 26-year-old Gabriel McGuire of Martinsburg and an 8-year-old girl during the holiday event at War Memorial Park in Martinsburg on July 4, 2012. Both victims recovered.

Herbert testified he shot McGuire in self-defense.

Sentencing is scheduled for Oct. 24.


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